Article IV. Attachment · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceOrdinary rules on joining, substituting, or correcting parties apply to attachment cases too, and no such change can undo an existing attachment or release any bond or surety already in place.
Full Text of 735 ILCS 5/4-136
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The provisions in regard to joinder, nonjoinder or misjoinder of parties applicable to other civil cases, shall be applicable to attachment proceedings; and when any action has been commenced in the name of the wrong party as plaintiff, the court, if satisfied that it has been so commenced through mistake, and that it is necessary for the determination of the real matter in dispute so to do, may allow any other party or parties to be substituted.
No change of parties made, or any other amendment made by order of court, shall impair any previous attachment of the estate of any defendant remaining in the action, nor impair any recognizance or bond given by any party remaining either as against the defendant, defendants, his, hers, its, or their sureties. No sureties shall be released by reason of any amendment made by order of court.
Plain-English Summary
Section 4-136 carries the general civil rules on joinder, nonjoinder, and misjoinder of parties into attachment proceedings. It also gives courts a specific substitution power: if an action was commenced in the name of the wrong party as plaintiff, and the court is satisfied that happened by mistake and that substitution is necessary to determine the real matter in dispute, the court may allow another party or parties to be substituted.
Whatever changes happen to the parties, the attachment itself stays intact. No change of parties, and no other court-ordered amendment, impairs any previous attachment of a remaining defendant's estate, nor impairs any recognizance or bond given by a remaining party, whether against the defendant or the defendant's sureties. The statute is explicit that no surety is released merely because the court ordered an amendment.
Frequently Asked Questions
Do ordinary rules about joining or misjoining parties apply in attachment cases?
Yes. Section 4-136 applies the same provisions on joinder, nonjoinder, and misjoinder that govern other civil cases.
Can a court substitute the correct plaintiff if the case was filed in the wrong party's name by mistake?
Yes, if the court is satisfied the wrong-party filing was a mistake and that substitution is necessary to determine the real matter in dispute.
Does substituting parties release a bond or recognizance already given in the case?
No. Section 4-136 states that no change of parties or other court-ordered amendment impairs any recognizance or bond given by a remaining party, and no surety is released by such an amendment.
Does a change of parties undo an existing attachment on a remaining defendant's property?
No. The statute specifically protects any previous attachment of the estate of a defendant who remains in the action from being impaired by a change of parties or amendment.
Who benefits from the protection against impairment described in this section?
Remaining defendants whose property stays attached, and sureties on bonds or recognizances given by parties who remain in the case.
Amendment History
(Source: P.A. 83-707.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as:substitution of parties attachment illinoiswrong plaintiff attachment casesurety not released amendmentjoinder misjoinder attachment